28/1988 Coll.
DECREE
Minister of Foreign Affairs
of 23 December 2003. November 1987
a Consular Convention between the Czechoslovak Socialist Republic and the
United States of America
On 9 April. July 1973 in Prague signed a consular Convention between
The Czechoslovak Socialist Republic and the United States of America.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
the Republic has ratified it. The instruments of ratification were exchanged in the
Washington, 8 June 2004. October 1987.
Convention entered into force, pursuant to article 42 paragraph 1. 1 day 7.
November 1987
The Czech version of the Convention, together with the agreed memorandum with exchangeable letters
be published at the same time.
Minister:
Ing. Now in r.
Consular Convention
between the Czechoslovak Socialist Republic and the United States
America
The Czechoslovak Socialist Republic
and the United States,
Desiring to modify the consular relations between the two countries so as to facilitate
the protection of their national interests and safeguard the interests and rights of their citizens,
have decided to conclude this Convention and have designated the consular for this purpose
their agents:
for the Czechoslovak Socialist Republic
Ing. Bohuslav Chnoupek, Minister of Foreign Affairs,
for the United States
William p. Rogers, the Secretary of State,
who exchanged their full powers, found in good and due form,
and agreed on the following:
Part I
The definition of the
Article 1
For the purposes of this Convention the terms listed below have the following meaning:
a) "consular post" is a Consulate General, Consulate, vicekonzulát or
Consular Agency;
(b)) "consular circuit" is the territory of the specified consular post for the performance
consular functions;
(c)) "head of consular post" means the person in charge of the sending State,
to carry out obligations associated with this feature;
(d)) "consular officer" is the person responsible for the performance of consular functions,
including the head of the consular post;
e) "consular employee" is a person employed in the administrative,
technical or other consular services;
f) "members of the consular post" are consular officers and consular
employees;
g) "consular rooms" are the buildings or parts of buildings and lands to them
belonging, which are used exclusively for the purposes of consular post
regardless of who owns them;
h) "consular archives" include all official instruments, documents,
correspondence, books, movies, recording tapes and registers of the consular
the Office, together with the ciphers and codes, filing cabinets and any device
used to protect and store;
I) "the ship of the sending State" is a vessel flying the flag of
of the sending State, except ships of war;
j) "family members" are the spouse, minor children, and
other relatives of the consular officer or consular employee,
who live with him in a common household.
Part II
The establishment of consular posts and the appointment of consular officials and
consular personnel
Article 2
1. Consular Office may be established in the territory of the receiving State only with the
his consent.
2. the registered office of the consular post and the boundaries of the consular jurisdiction determine
by agreement between the sending State and the receiving State.
Article 3
1. The sending State shall request in advance through diplomatic channels about the consent
of the receiving State with the appointment of the head of the consular office.
2. After the receipt of such consent, the diplomatic mission of the sending shall transmit to the
the State Ministry of Foreign Affairs of the receiving State konzulský
patent or other documents of appointment. In the konzulském of the patent or other
the document on the appointment will be referred to the full name of the head of the consular
the Office, his country of citizenship, his class, seat of the consular post, and
consular district.
3. After the transfer of a patent or another document konzulského concerning the appointment of
the head of the consular post, the receiving State in the shortest possible time
grants the exequatur or other consent.
4. the head of consular post may take the performance of their duties after
presentation of the konzulského patent or another document on the appointment and after
the granting of exequatur or other consent of the receiving State.
5. As soon as the exequatur will be issued or other consent under this
Article, the competent authorities of the receiving State shall take all necessary
measures to ensure that the head of the consular office could assume its
features and benefits could enjoy the rights, privileges and immunities, given to him by the
the Convention and the law of the receiving State.
Article 4
The receiving State may provide to the head of consular post
Provisional consent to the exercise of consular functions in the meantime, him
grants the exequatur or other consent.
Article 5
Consular officer must be a resident of the sending State and cannot be
a resident of the receiving State or a person who has persisted in that State
residence.
Article 6
1. The sending State to the receiving State shall notify, in writing, full of
the name, citizenship, character and class of each consular officer
appointed to the post.
2. The sending State shall notify, in writing, also the beneficiary State
the full name, citizenship, and the function of the consular staff appointed for a
consular post.
Article 7
1. The sending State may, in accordance with articles 3, 5 and 6, instruct one
or more members of its diplomatic mission in the receiving State, the exercise of
consular functions. A member of the diplomatic mission, entrusted to
consular functions, will continue to enjoy the privileges and immunities, which
It belongs as a member of a diplomatic mission.
2. The sending State may at the time of its diplomatic mission to establish consular
the unit responsible for the exercise of consular functions.
Article 8
The beneficiary State shall issue to each consular official document,
certifying his or her right to exercise consular functions in the territory of
of the receiving State.
Article 9
The receiving State will provide consular protection officer and shall take
all appropriate measures to prevent any attack against the
his person, freedom or dignity, and also to take all the necessary
measures to enable it to carry out its functions and was granted him by the
rights, benefits, privileges and immunities to which they belong under this Convention.
Article 10
1. where the head of the consular office cannot, for some reason
carry out its functions, or if the post of head of consular post
is temporarily uprázdněno, the sending State may entrust a
the consular officer the same consular post or another consular
the authority of the sending State in the receiving State or member of the diplomatic
the staff of its diplomatic missions in this State, the temporary leadership
the consular office. The full name of this person will be notified in writing in advance
Ministry of Foreign Affairs of the receiving State.
2. the person in charge of the temporary leadership of the issuing consular office shall be entitled to
to perform all the functions of the head of the consular post, and enjoy all the
rights, benefits, privileges and immunities as the head of the consular post, appointed by the
in accordance with article 3.
3. a member of the diplomatic staff of the diplomatic mission, temporarily designated
the leadership of the consular post, still enjoys the privileges and immunities,
arising from its diplomatic Statute.
Article 11
1. the receiving State may at any time without reasons for their
the decision, notify the sending State through diplomatic channels that the
consular officer is persona non grata or that consular staff member
is unacceptable.
The sending State is then obliged to recall the person concerned.
2. If the sending State within a reasonable time should fulfil its obligation
referred to in paragraph 1, the receiving State may refuse to recognise this
person for a member of the consular post.
Article 12
1. The sending State may, in so far as legislation permits,
of the receiving State, to acquire the ownership, lease or use in
any other form specified by the legislation, land, buildings
or parts of buildings, for the needs of the consular post or for accommodation
members of the consular post, provided that the person concerned is not a citizen
of the receiving State or does not have a permanent place of residence.
2. the receiving State shall provide all necessary assistance to the sending State to
allow for the acquisition of land, buildings or parts of buildings for the purposes referred to in
paragraph 1.
3. nothing in paragraph 1 or paragraph 2 of this article shall not be interpreted as
that the sending State was deprived of his obligation to comply with the rules and
restrictions on construction and land-use planning and other similar
regulations of the receiving State in connection with the construction or reconstruction of
buildings or parts of buildings in the receiving State.
Part III
Rights, benefits, privileges and immunities
Article 13
1. on the buildings in which it is located on the consular authority and the headquarters of the
the head of the consular post may be located character of the sending State
together with the consular office in the language of the sending and
of the receiving State.
2. the sending State Flag can be hoisted on the buildings in which it is
located on the consular authority and the headquarters of the head of the consular post and the
the means of transport used for official purposes.
Article 14
The room and the seat of the head of a consular post are
be inviolable. The authorities of the receiving State may enter the
consular rooms or to the headquarters of the head of the consular office only
with the consent of the head of the consular post or of the head of the diplomatic
the Mission of the sending State or the person appointed by one of them.
Article 15
The consular archives are always and everywhere be inviolable. In the archives will not be
store documents and articles unofficial in nature.
Article 16
1. Consular Office has the right to join his Government, with diplomatic
missions of the sending State and with the consular authorities of the sending State,
wherever they are found. Consular office can use to do this all
appropriate fasteners, including diplomatic and consular
couriers, diplomatic and consular baggage and coded or
encrypted messages. Radio radio station may set up only with the
the consent of the receiving State.
2. When you use public fasteners will pay for
consular post of the same conditions as for the diplomatic mission.
3. The official correspondence of consular post, courier mail and baggage
shall be inviolable, provided they are labelled with a clear external
marking its official nature, and cannot be viewed or intercepted.
May contain only official correspondence and articles intended for the official
the need for.
4. the Consular courier shall be provided with an official Charter to indicate its
the position in which it is given the number of packages constituting the consular
the luggage. The consular courier shall enjoy the same rights, benefits, privileges and immunities
as a diplomatic courier of the sending State.
5. the Consular bag may also be entrusted to the captain of the ship or
civil aircraft of the sending State. The captain must be equipped with the official
the Charter of indicating the number of shipments comprising the consular bag,
He was given, however, will not be treated as a consular courier. In
agreement with the competent authorities of the receiving State, the consular post
to entrust one of its members to take over the consular bag
directly and freely from the captain of the ship or aircraft, or is transmitted.
Article 17
1. Consular officers and their family members, if they are not
citizens of the receiving State, or do not have permanent residence,
are not subject to criminal, civil and administrative jurisdiction of the receiving
State.
2. Consular employees and their family members, if they are not
citizens of the receiving State, or do not have permanent residence,
are not subject to the criminal jurisdiction of the receiving State. The civil and
the administrative jurisdiction of the receiving State shall not be subject, with regard to the performance of the
their official functions.
3. The provisions of paragraphs 1 and 2 shall not apply to civil proceedings:
and) arising from contracts that consular officer or a consular
the employee did not conclude on behalf of the sending State;
(b)) relating to inheritance, where a consular officer or consular
the employee is an executor of a will, administrator of heritage or
the heir as a private person and not on behalf of the sending State;
(c)) regarding a claim made by a third party for damage caused in the
the receiving State by a vessel, vehicle or aircraft;
(d)) with respect to any private or business activity
consular officer or consular employee performs in the receiving
State in addition to its official functions;
(e)) relating to private immovable property on the territory of the receiving State,
unless a consular officer or consular employee it has held in the
the representation of the sending State for the purposes of the consular office.
4. The sending State may waive the immunities referred to in this article.
Such a waiver must be explicit and must be to the beneficiary State
communicated in writing.
5. Waiver of immunity from jurisdiction in matters of civil or
It does not include a waiver of exemption of the administrative from the jurisdiction, as regards
enforcement enforcement of the judgment; This exemption is necessary to give up separately.
Article 18
1. members of the consular post may be asked to testify
in judicial or administrative proceedings. If the consular officer refuses to
to give evidence shall not be used against him by law enforcement measures.
Consular staff can not refuse to give evidence with
except in the cases referred to in paragraph 3.
2. the provisions of paragraph 1 concerning the consular officials and
consular personnel also apply to their family
members.
3. members of the consular post may refuse to give evidence on matters
relating to the performance of their official functions, and may refuse to submit to the
official documents and official correspondence. They may also refuse to give
the testimony as expert witnesses law of the sending State, its use and interpretation.
4. the authorities of the receiving State, which called for testimony from the consular
officials or from the consular staff will proceed to
nevměšovaly to the performance of their official functions. If possible, you may
be given to the testimony of the consular post, or in the homes of the consular
officer or employee, or may be given in written form.
Article 19
Members of the consular post and their family members who are not
citizens of the receiving State or do not have permanent residence, are in
the receiving State, be exempt from public services and obligations of all
kind.
Article 20
Members of the consular post and their family members who are not
citizens of the receiving State or do not have permanent residence, are
exempt from all obligations laid down by the legislation of the receiving
the State, as regards the registration of foreigners, residence permit, and other
provisions concerning residence of aliens.
Article 21
1. The sending State in the receiving State shall be exempt from all taxes,
levies and charges, relating to: a) the land, buildings and parts of buildings,
obtained in accordance with article 12 of
and used for consular purposes, or as homes of members of the consular
Office, provided that they are in the possession of the sending State or its najaty
on behalf of;
(b) contracts and documents) relating to the acquisition of immovable property referred to in
paragraph 1, letter a) of this article;
(c)) consular functions, including the performance of consular fees.
2. The sending State in the receiving State is also exempt from all
taxes, duties and fees in respect of movable property that is in the
ownership, possession or use of the sending State, solely for the
consular purposes.
3. exemption pursuant to this article shall not be subject to fees and
benefits for special services rendered.
Article 22
A member of the consular post and members of his family, if not citizens
of the receiving State or in the State do not have a permanent place of residence, are in
the receiving State, be exempt from taxes on salaries, wages and other
income paid in connection with the performance of their official
duties.
Article 23
1. members of the consular post and members of their families, if
they are not citizens of the beneficiary country, or do not have permanent residence,
they are in the receiving State, be exempt from all national, regional
and local taxes and fees, including taxes, fees and charges of the movable property,
whose are the owners.
2. the relief referred to in paragraph 1 shall not apply to:
and indirect taxes) that are normally incorporated in the price of the goods or
the services;
b) duties and taxes from the private immovable property situated in the
the territory of the receiving State, unless exempted in accordance with article 21;
(c) the property transfer tax) or from the documents relating to the transfer of assets,
including taxes, levied from the heritage of the receiving State;
d) taxes and charges from private income, whose resources are in
the receiving State;
(e)), the Court, real estate and administrative fees, if the exemption is not
granted in accordance with article 21;
f) charges levied for specific services rendered.
Article 24
The death of a member of the consular post or a member of his family, leaving
the receiving State movable property, the receiving State will not be collected
No probate, inheritance or other tax or fee from the transfer
of property on death, relating to such property, provided,
that the deceased person was not a resident of the receiving State or not
permanent place of residence, and that the property is located in the receiving State, solely in
connection with the presence of the deceased as a member of the consular post
or a family member of a member of the consular post.
Article 25
1. all items including motor vehicles, which are imported for
official use of the consular office, are in accordance with the legislation of
the receiving State shall be exempt from all customs duties and charges,
levied on the basis of imports or in connection with importation as well as
items imported for use by the diplomatic mission of the sending State in the
the receiving State.
2. all articles imported for the personal use of the consular official and
members of his family, including his initial equipment
the home shall be exempt from all customs duties and charges
selected because of their imports, provided that the person concerned
is not a citizen of the receiving State or does not have a permanent place of residence.
Consular employee shall enjoy the exemptions referred to in this paragraph only
in respect of articles imported at the time of his first taking on
consular post.
3. Articles intended for personal use shall not exceed the amount necessary to
for the direct need for competent persons.
4. The personal baggage of consular officers and their family
Members, if they are not nationals of the receiving State, or do not have the
permanent place of residence, shall be exempt from Customs examination. Can be
inspected only in cases where there are serious grounds to believe that
contain other objects than those referred to in paragraph 2, or items whose
the import or export of which is prohibited by the legislation of the receiving State or the
subject to its legislation on the sandbox. Such
inspection must be carried out in the presence of the competent consular
an official or a member of his family or the persons empowered to consular
officer or his family that he represented.
Article 26
1. all persons enjoying rights under this Convention, benefits, privileges and
immunities, shall, without prejudice to the rights, benefits, privileges and
immunities, to respect the laws of the receiving State, including
the traffic regulations and rules on motor vehicle insurance.
2. All vehicles owned by the sending State, and used for
the purpose of the consular post, and all vehicles belonging to the consular
officials, consular employees or their family members
must be adequately insured against liability to the debtor. If this is about
citizens of the receiving State or persons in this State have a permanent
residence, this insurance will be arranged in accordance with the legislation of
of the receiving State.
Article 27
Subject to the provisions of the legislation on areas to which access is disabled
or modified for reasons of State security, the receiving State shall ensure to all
members of the consular post of the freedom of movement and travel in its territory.
Part IV
Consular functions
Article 28
1. a consular officer is entitled, in accordance with the laws
regulations of the receiving State, the functions listed in this section. Other
consular functions could be exercised only if it is not in conflict with
the legislation of the receiving State.
2. the consular officer has the right to represent in the consular district
accordance with the legislation of the receiving State, the rights and interests of the
the sending State and of its citizens, both physical and legal
persons.
3. In the performance of its functions, the consular officer may call directly,
in writing or orally, to:
and the relevant local authorities of their) consular circuit;
(b)) the central competent authorities of the receiving State to the extent permitted
According to the laws, regulations and practices of the receiving State,
and receive direct responses from them.
4. the consular officer will, provided the consent of the receiving State
entitled to the exercise of consular functions as well as outside its consular district.
Article 29
Consular officer will contribute to the development of economic,
commercial, cultural and scientific relations between the two countries, as well as to
strengthening mutual friendly relations.
Article 30
1. the consular officer is in the circuit shall be entitled to the consular
and to keep a record of citizens) of the sending State;
(b)) receive the applications and declarations in matters of citizenship of the citizens of
the sending State and to issue the relevant documents;
(c)) in accordance with the legislation of the sending State to receive a statement
concerning the family circumstances of the citizens of the sending State;
(d)) to register the birth and death of the citizens of the sending State;
(e) draw up, authenticate,) confirm and legalise documents and instruments,
as well as carry out other legal acts necessary for their entry into force,
When a citizen of the sending State, such documents or documents for
their use outside the territory of the receiving State, or if they are required
any person for their use in the posting State, for
provided that such acts of consular officials do not conflict with
the legislation of the receiving State;
(f)) to translate legal documents and documents, verify the accuracy of the translation,
as well as to issue certified copies of the translated documents.
2. It is understood that the registration or notification of a birth or adoption
death, registration a marriage contracted under the legislation of
of the receiving State, made by the consular officer, or the adoption of
Declaration of family circumstances, it does not exempt the person concerned
from the obligations laid down by the legislation of the receiving State,
refers to the notification of the birth, death, marriage or other circumstances related to
the family circumstances to the competent authorities of the receiving State or the
the registration of these authorities.
Article 31
Of the Charter and the documents, drawn up, translated or certified by the consular
officer in accordance with article 30, paragraph 1, point (e)), have in
the receiving State, the same legal validity and probative value as evidence
drawn up, translated or certified by the competent authorities of the receiving
State, provided that they were drawn up in a way that is not in the
conflict with the legislation of the receiving State.
Article 32
1. a consular officer is entitled to issue, renew, change, and cancel
the travel documents of citizens of the sending State.
2. It is also entitled to issue visas to persons who wish to travel to
of the sending State.
Article 33
Consular officer may, in accordance with the legislation of the receiving
of the State, recommend to the courts or other competent authorities of the receiving
State appropriate persons as trustees or custodians of the citizens of the sending
the State or their property if such property left unattended.
Article 34
1. the competent authorities of the receiving State, if you know about it,
they will immediately inform the competent consular officer deaths
a citizen of the sending State in the territory of the receiving State.
2. the competent authorities of the receiving State shall also inform the
the consular official, become aware of the estate after the citizens of the
the sending State or of a person deceased in the receiving State without
sight of her citizenship, if the estate may concern citizen
of the sending State.
3. the competent authorities of the receiving State shall, in the cases referred to in
paragraph 2, and provided that the estate is situated on the territory of that
the State takes measures in accordance with its laws and regulations to ensure the
This estate and delivers consular official at his request, a copy of the
the will, if it was taken, as well as any available information about the
dědice, content and value of the estate and shall inform it of the date
the survivor's control.
4. a consular officer is entitled to be represented in accordance with legal
regulations of the receiving State, directly or through a representative of the interests of the
a citizen of the sending State who is entitled to the estate which is located
in the receiving State and who does not have permanent residence in that State, if the
a citizen is not otherwise represented and until will be represented. Nothing from the
However, this does not justify the consular officer to acting as a
lawyer.
5. the consular officer is in accordance with the legislation of the receiving
the State is entitled to receive, on behalf of a citizen of the sending State that does not have
permanently resident in the receiving State, the money or other property, including
payments by way of compensation for accidents at work, income, social
Security and income from insurance policies to which the citizen may be entitled
as a result of the death of a person. The legislation of the receiving State shall be
used so as to fully apply the purposes for which those rights are
provided by the.
6. Movable property and monetary amounts resulting from the disposal of
the estate belonging to citizens of the sending State, may be
to the competent consular officer, provided that the claims
creditors have been satisfied to the estate or secured, and that have been
paid taxes and fees relating to the estate.
7. a consular officer is entitled to deal directly with the competent authorities
of the receiving State to ensure the estate pursuant to this article.
8. in any case where a citizen of the sending State that does not have a permanent
residence in the territory of the receiving State, dies in his transitional
stay on the territory of that State, money and personal items that had
together, provided that the person does not qualify for them, which is
present and that it is entitled to make a claim on them, they will, without delay,
to the competent consular official of the sending State to
the interim custody and safekeeping. This provision does not prejudice the rights of the
the competent authorities of the receiving State to take the money and personal
articles in the interest of Justice. If the administration of the estate after
person entrusted with the authority of the receiving State, the consular post shall forward
money and personal items that authority.
The export of money and personal items shall be subject to the legislation of the receiving
State.
9. Whenever a consular officer or a member of a diplomatic mission, responsible for the
the performance of consular functions, performs the functions referred to in this article,
is subject, as regards the performance of these functions, the legislation
of the receiving State and the civil jurisdiction of the judicial and administrative
the authorities of the receiving State in the same manner and to the same extent as
citizen of the receiving State.
Article 35
1. a consular officer is entitled to in accordance with the legislation of
of the receiving State to represent the sending citizens in consular circuit
State before the authorities of the receiving State, if they cannot, for reasons of
the absence or other serious reasons to take the serve his early
rights and interests. Representation takes so long as the person represented
has failed to appoint a representative or alone, assume the defense of their rights and
interests.
2. the consular officer is authorized to bind the circumference in the consular and
maintain contact with each and every citizen of the sending State, to advise him and
provide all the necessary assistance and, if necessary, take measures
to provide legal aid. The receiving State will not in any way
restrict the right of a citizen of the sending State to communicate with the consular office
or consular visit.
Article 36
1. in all cases where a citizen of the sending State to any
either way, deprived of his liberty or his personal freedom limited,
the competent authorities of the receiving State shall, without delay, inform the consular
the authority of the sending State always not later than within three days. Consular officer
the request will be informed immediately of the reasons for deprivation or limitation of
personal freedom of a citizen of the sending State.
2. the competent authorities of the receiving State shall without delay inform the citizen of the
the sending State of his rights to establish a connection with the consular
Officer, provided by it under this article.
3. the consular officer is entitled to from a citizen of the sending State,
He was either in any way deprived of his liberty or whose personal
freedom was limited, to receive and send correspondence to him or other
a communication and to take appropriate measures to ensure that legal assistance and
representation.
4. the consular officer shall be entitled to visit the citizen of the sending State,
that was in any way either deprived of personal liberty or whose
personal liberty has been restricted, including such a private citizen who is in
the prison, in custody or detained in his consular district on the basis of
judgment, to speak and correspond with him in the language of the sending State
or the receiving State and to ensure legal representation for him. To these
visits will occur as soon as possible, but in any case will not be
rejected after a period of four days from the date on which he was a citizen of any
either way, deprived of his liberty or his personal freedom was
limited. Visits may be repeated, but the breaks between them will not be
more than one month.
5. in the case of legal proceedings against citizens of the sending State in the
the receiving State, the competent authority shall inform the consular official to
his request for this charge against citizens and enables
consular officer was present to a court procedure with a
citizen and any subsequent appeal.
6. the Citizen to whom the provisions of this article, you may receive
from the consular official packages containing food, clothing, medicines and
needs to read and write to the extent permitted by the legislation applicable in
the device in which it is held.
7. the rights contained in this article shall be exercised in accordance with the laws
regulations of the receiving State, but with the proviso that the legislation
will be used to fully exercise these rights purposes.
Article 37
1. the consular officer is authorized to provide the consular circuit
all the help of the ship of the sending State, which is located in ports,
coastal or inland waters of the State addressed, as well as its
the crew and passengers.
2. the consular officer may exercise their functions in matters of
relating to the ship of the sending State, its crew and passengers,
trend of requests for assistance to the competent authorities of the receiving State.
3. Consular officials may come aboard the ship as soon as the ship is
allowed to establish contact with the coast. Crew members can immediately
establish a connection with the consular officer.
4. the consular officer is in the circuit to the consular shall be entitled to:
and) without prejudice to the rights of the authorities of the receiving State to investigate all
the events on board the ship, hear any crew member
check the ship's papers, to accept the Declaration of the path and the direction of the ship,
as well as facilitating the entry, exit or the position of the ship in port;
(b)), without prejudice to the rights of the authorities of the receiving State to deal with the issues
between the captain and any crew member, including any disputes relating to the
wages and employment contract, in so far as is permitted by law,
the legislation of the sending State;
(c)) to make arrangements for medical treatment of any crew member
or passengers of the ship or for their return;
(d)) to take, to expose the or to verify any statements or other
the documents that dictate legislation of the sending State in relation
to the ship.
Article 38
1. where the competent authorities intend to the receiving State to make any
any coercive measures or investigations on board the ship
the sending State shall inform through the competent authorities
of the receiving State of the competent consular official. Such an awareness of the
must be done in a timely manner, in order to allow the presence of the consular
officer or his representative, with the exception of cases in which the necessity of taking
immediate steps in the matter, make such awareness impossible. If it is not
consular officer or his representative, the competent authorities shall forward to the present,
of the receiving State, consular official full information on
events.
2. The provisions of paragraph 1 shall also apply in cases where the competent
port authorities intend to interview crew members on the Mainland.
The provisions of this article shall, however, not be subject to the usual customs,
Passport or a medical examination carried out by the competent authorities, or
any act carried out at the request of or with the consent of the captain of the ship.
Article 39
1. If the boat is shipwrecked of the sending State, if ashore, the elder's absolution
on shore or suffer other damage in the receiving State, or if any
a subject forming part of a cargo ship of the sending, receiving
or of a third State, the property of a citizen of the sending State and finds the
as stranded on the coast or in the course of the internal or territorial
waters of the State addressed, or is transported to the port of that State,
It shall inform the competent authorities of the receiving State as soon as
as soon as possible, the consular official. It also informed about already
the measures taken for saving human lives on board the ship, a ship,
cargo and other property on board, as well as articles belonging to the
ship or forming part of its cargo, which is separated from the boat.
2. Consular officials may such a ship, its passengers and the members of the
the crew to provide any assistance. For this purpose, may rely on the
the assistance of the competent authorities of the receiving State. The consular officer may
do the measures referred to in paragraph 1, as well as measures for the purpose of repair
ship or ask the competent authorities of the receiving State to do the
or such measures continue.
3. If the captain, owner or insurer of the ship, or any other person,
which represents the interests of the ship referred to in paragraph 1, cannot take the necessary
measures in respect of the ship or its cargo, can take such measures
on behalf of the consular officer. Consular officer under similar
circumstances, take appropriate steps in respect of cargo and other property in
ownership of the sending State or its citizens, which belongs to the
wrecked or damaged the ship, which is registered in a non-
the posting State, with the exception of the ship under the flag of the receiving State.
4. From the damaged ship of the sending State or of its cargo or supplies
no duties shall not be imposed, unless they have been delivered for the use in
the receiving State.
Article 40
The provisions of articles 37, 38 and 39 shall apply mutatis mutandis also to air
means of transport, provided that the use of these articles is not in
contrary to the agreements between the receiving and the sending State.
Article 41
Consular post shall be entitled to collect on the territory of the receiving State benefits
and fees for consular operations in accordance with the legislation of
of the sending State.
Part V
Final provisions
Article 42
1. this Convention is subject to ratification and shall enter into force on the thirtieth day after
the date of exchange of instruments of ratification, which will be performed in Washington.
2. this Convention shall remain in force until the expiry of six months from the date of
When one of the High Contracting Parties shall communicate to the other High Contracting Party
in writing of its intention to terminate this Convention.
On the evidence of the agent of both high contracting parties to this Convention
signed and seals.
Done at Prague on 9. July 1973, in two copies, each in the Czech
and English languages, both texts being equally authentic.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chňoupek in r.
For the United States:
William Rogers in r.
Č. 1
The agreed memorandum
In the context of today's signature of the Consular Convention between the Czechoslovak
Socialist Republic of Vietnam and the United States both parties
agree to record a discussion during the negotiations on the Convention, as regards the
the terms "law" and "law" as they are used in various
its provisions.
Head of the delegation of the United States of America explained that in terms of
The United States, the term "law" includes all relevant national, State and
local laws, regulations, rules, decisions and similar provisions,
that they have the power and effect of the law, including decisions of courts and other
the judicial authorities.
The head of the Czechoslovak delegation explained that of the Czechoslovak
point of view, the term "legislation" includes all laws and other
the standards, which are legally binding.
Done at Prague on 9. July 1973.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chňoupek in r.
For the United States:
William p. Rogers in r.
Č. 2
Prague, 9. July 1973
Excellency,
I have the honour to refer to the Consular Convention signed today between the United
States of America and the Czechoslovak Socialist Republic and the
confirm that both parties agreed on the following provisions,
relating to the implementation of the Convention:
1. persons arriving into the Czechoslovak Socialist Republic on the
a temporary visit based on United States passports bearing the
valid visa will be considered as an alternate input by the competent
Czechoslovak authorities after the time for which they have been granted the status of
the temporary visitor in accordance with valid visas for citizens of the United
States for the purposes of ensuring consular protection under the Convention today
signed, as well as the right of departure from the Czechoslovak Socialist
States without additional documents, even if, these persons may be
at the same time considered to be citizens of the Czechoslovak Socialist Republic.
2. persons arriving to the United States on temporary visits
on the basis of passports the Czechoslovak Socialist Republic
with the applicable entry visas to the United States will be treated as
the competent authorities of the United States of America for a period of time that they have been
granted the status of a temporary visitor, citizens of Czechoslovakia
Socialist Republic of Romania for the purposes of ensuring consular protection
under the Convention signed today, as well as the right of departure from the United
States without additional documents, even if these
the person at the same time be considered as citizens of the United States of America.
3. With reference to the provisions of paragraphs 1 and 2 above shall mean that the
United States passports are issued only to persons
that are deemed by the U.S. Government for the citizens of the
United States of America. It is further understood that the passports
The Czechoslovak Socialist Republic are issued only to persons
that are deemed by the Government of the Czechoslovak Socialist Republic
citizens of the Czechoslovak Socialist Republic.
4. the persons mentioned above in paragraphs 1 and 2 will not lose rights to consular
protection and the right of departure without further documents, if time
He was granted the status of these persons, temporary visitor, expired
in the course of judicial or administrative proceedings, which prevent them from
voluntary departure.
5. the above agreement does not change the obligations of both Governments resulting from the
Naturalization Convention signed in Prague 16. July 1928, or
These commitments concern.
I use this opportunity to make your Excellency on your
highest consideration.
William p. Rogers in r.
The Secretary of State
His Excellency
Ing. Bohuslav Chňoupek
Minister of Foreign Affairs
The Czechoslovak Socialist Republic
Excellency,
Your Excellency informed me his letter of today's date:
"I have the honour to refer to the Consular Convention signed today between
United States of America and the Czechoslovak Socialist Republic
and to confirm that both parties agreed on the following provisions,
relating to the implementation of the Convention:
1. persons arriving into the Czechoslovak Socialist Republic on the
a temporary visit based on United States passports bearing the
valid visa will be considered as an alternate input by the competent
Czechoslovak authorities after the time for which they have been granted the status of
the temporary visitor in accordance with valid visas for citizens of the United
States for the purposes of ensuring consular protection under the Convention today
signed, as well as the right of departure from the Czechoslovak Socialist
States without additional documents, even if, these persons may be
at the same time considered to be citizens of the Czechoslovak Socialist Republic.
2. persons arriving to the United States on temporary visits
on the basis of passports the Czechoslovak Socialist Republic
with the applicable entry visas to the United States will be treated as
the competent authorities of the United States of America for a period of time that they have been
granted the status of a temporary visitor, citizens of Czechoslovakia
Socialist Republic of Romania for the purposes of ensuring consular protection
under the Convention signed today, as well as the right of departure from the United
States without additional documents, even if these
the person at the same time be considered as citizens of the United States of America.
3. With reference to the provisions of paragraphs 1 and 2 above shall mean that the
United States passports are issued only to persons
that are deemed by the U.S. Government for the citizens of the
United States of America. It is further understood that the passports
The Czechoslovak Socialist Republic are issued only to persons
that are deemed by the Government of the Czechoslovak Socialist Republic
citizens of the Czechoslovak Socialist Republic.
4. the persons mentioned above in paragraphs 1 and 2 will not lose rights to consular
protection and the right of departure without further documents, if time
He was granted the status of these persons, temporary visitor, expired
in the course of judicial or administrative proceedings, which prevent them from
voluntary departure.
5. the above agreement does not change the obligations of both Governments resulting from the
Naturalization Convention signed in Prague 16. July 1928, or
These commitments concern. "
I have the honour to acknowledge receipt of the letter to your Excellency and to inform you that my Government
agrees with its content.
I use this opportunity to make your Excellency on your
highest consideration.
Prague, May 9. July 1973.
Ing. B. Now in r.
His Excellency
William P. Rogers
The Secretary of State
United States of America
